Texas credit card surcharge law

Contested — Texas still has a surcharge ban on the books, but enforcement is disputed after federal litigation.

Rule: Tex. Bus. & Com. Code §604A.0021 bans credit-card surcharges (government entities and private schools exempt). Rowell v. Paxton (W.D. Tex. 2018) enjoined enforcement only as applied to the plaintiff merchants; AG Op. KP-0257 (2019) says the ban may still be enforced elsewhere. Texas also bans debit-card surcharges separately.

Disclosure: If you surcharge, follow network rules — but enforcement risk is contested.

Debit: Texas separately restricts debit-card surcharges.

What this means for a $100 sale: On a $100 credit-card sale at a typical 2.9% + $0.30 rate, the ban is contested; if it doesn't apply to you, network rules would cap this at about $3.00 (customer pays about $103.00).

Open the surcharge calculator with Texas preselected

This page is for general information only and is not legal advice. Rules change—verify with primary sources and professional counsel before surcharging.